Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Contract Act (IX of 1872), S. 215---Suit for declaration---General power of attorney---Transfer of property by the attorney in favour of his close fiduciary relation---Principle---Plaintiff got registered general power of attorney in favour of defendant/ex-wife with regard to suit property---Defendant on the basis of said power of attorney transferred suit property in favour of her brother---Contention of plaintiff was that general power of attorney and subsequent transfer of property were based on fraud and ineffective upon his rights---Suit was dismissed by the Trial Court but Appellate Court decreed the same---Validity---Defendant-attorney had failed to establish that before transferring suit property in favour of her brother either she sought or was granted express permission by the plaintiff-principal for such transfer---Transfer of property made by the attorney as agent of plaintiff in favour of her own brother without permission of principal was hit by S.215 of Contract Act, 1872---Defendant being ex-wife of plaintiff had unauthorizedly transferred suit property of principal in favour of her brother which was not valid under the law---Appellate Court had rightly set aside the transfer of suit property in favour of defendant's brother---Findings by the Appellate Court were based on proper appreciation of evidence---No mis-reading or non-reading of evidence had been pointed out in the impugned and decree passed by the Appellate Court---Revision was dismissed in circumstances. Chief Engineer, Irrigation Department, NWFP Peshawr and 2 others v. Mazhar Hussain and 2 others PLD 2004 SC 682; Shazia Qamar and others v. Bashiran Bibi and others 2016 CLC 15; Jamil Akhtar and others v. Las Baba and others PLD 2003 SC 494; Muhammad Taj v. Arshad Mehmood and 3 others 2009 SCMR 114; Maqsood Ahmad v. Salman Ali PLD 2003 SC 31; Haji Faqir Muhammad and others v. Pir Muhammad 1997 SCMR 1811; Fida Muhammad v. Pir Muhammad Khan PLD 1985 SC 341; Muhammad Yousaf Khan v. Mst. Iqbal Bibi through LRs and others 2005 CLC 1839; Wali Muhammad v. Muhammad Ibrahim and others PLD 1989 Lah. 440; Mst. Hajran Bibi and others v. Suleman…

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